PERFORMANCE BY DISTRIBUTOR Clause Samples

The "Performance by Distributor" clause defines the obligations and standards that the distributor must meet in fulfilling its duties under the agreement. Typically, this clause outlines the distributor's responsibilities, such as maintaining adequate inventory, meeting sales targets, or adhering to marketing guidelines set by the supplier. By clearly specifying these expectations, the clause ensures that both parties understand the distributor's role and provides a basis for evaluating performance, thereby reducing the risk of disputes and promoting accountability.
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PERFORMANCE BY DISTRIBUTOR. As part of this Agreement, Archangel agrees: (a) To faithfully, fully and completely perform its responsibilities as described herein and to make payment to Safari of all bills, invoices and other obligations promptly, when due, as set forth in paragraph "7" hereof. (b) To make no unauthorized promises, representations or commitments in furtherance of this Agreement. (c) To aggressively promote the Molecuthane(tm) body armor inserts.
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PERFORMANCE BY DISTRIBUTOR. (a) Distributor shall promote the sale of the Product to the Markets in the Territory. Distributor shall make regular calls on the Markets in the Territory and shall advise the Markets both commercially and technically. JTW agrees to support Distributor in its research and sales efforts. (b) Distributor shall provide to JTW annual written reports on Distributor's efforts, and Distributor shall participate in quarterly informational meetings with JTW representatives, regarding the activity of any competitors and the Distributor's activity during the period. (c) During each twelve month period extending from January 1 of one calendar year through December 31 of the immediately following calendar year (the "Twelve Month Period") that this Agreement is in effect, Distributor shall purchase from JTW (or arrange for the purchase from JTW by a designee approved by JTW pursuant to Section 2(e) above) no less than a certain agreed upon aggregate minimum purchase quantity of the Product. The annual aggregate minimum purchase quantity for the Product for the Twelve Month Period beginning as of January 1, 2003 is set forth on Schedule C attached hereto. The annual aggregate minimum purchase quantity shall be renegotiated in good faith annually taking into account without limitation the previous years sales, market conditions, discontinued Product, the efficacy and time to market of any substitute or replacement Product, and any price changes; in no event shall the annual aggregate minimum purchase quantity ever be less than the quantity indicated on Schedule C attached hereto or less than ninety percent (90%) of the actual aggregate quantity of the Product purchased by Distributor during the immediately preceding Twelve Month Period. The annual aggregate minimum purchase quantity for a given Twelve Month Period must be agreed upon no later than July 30th of such Twelve Month Period. The annual aggregate minimum purchase quantity for the Product for such Twelve Month Period shall be the greater of the quantity indicated on Schedule C attached hereto or ninety percent (90%) of the actual aggregate purchase quantity of the Product purchased by Distributor during the immediately preceding Twelve Month Period. If production and sale of a Product is discontinued by JTW and if JTW and Distributor are unable to agree upon a substitute for the discontinued Product, then the annual aggregate minimum purchase quantity for the Product for the Twelve Month Period in which such dis...
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PERFORMANCE BY DISTRIBUTOR. 3.1 TRADE NOTIFICATION Distributor will notify all appropriate trade accounts that it has undertaken distribution of Publisher's books. It will also notify such trade media as Publisher's Weekly, Bookselling This Week and other appropriate media.
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Related to PERFORMANCE BY DISTRIBUTOR

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • PERFORMANCE BY INVESTOR Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.